Circumstances Which Exclude the Wrongful Nature of the International Act
Law Annals of Titu Maiorescu University, Forthcoming
Posted: 9 Aug 2012
There are 2 versions of this paper
Date Written: August 8, 2012
Abstract
International law list a series of causes whose interventions entails an exceptional removal of the wrong nature of acts which violate international obligations. The legal practice of various states, the international jurisprudence and the specialized literature have helped identify the following causes which remove the wrongful nature of the international act: consent, self-defence, counter-measures, force majeure, the state of danger and the state of necessity. Establishing the causes which exclude the wrongful nature of a state's act is considered a major activity and has been imposed by the legal practice of various states and by the decisions of international courts. The manner of establishing the circumstances under which the causes analyzed herein can be invoked is rather clear, although international jurisprudence has often come across many obstacles in the process of their identification. The main objective at an international level is, in fact, to identify the limitations, circumstances and status of said causes. Consequently, we join other specialists in this field in believing that a set of limitations could be established for each cause which excludes the wrongful nature of a state's act by means of an in depth analysis of the circumstances identified in various disputes, of the doctrinal opinions and the communications of governments. In spite of the existing circumstances, there are still some contradictory opinions, but it is safe to assume that the current achievements represent the highest standard and that it would have been impossible, or, perhaps, forbidden to achieve more while taking into account the nature of the international relations and the development level and perspectives of the general international law.
Keywords: International Law Commission, general international law morms (jus cogens), state consent, right to self-defence, countermeasures, force majeure
JEL Classification: A10
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